Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of...

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Q& A about the Law on the Regulation of Nursing Professions Syndicate 2013 National Community for Human Rights and Law

Transcript of Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of...

Page 1: Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of course the Nursing Professions Syndicate. Is there a syndicate for Nursing Professions?

Q&A about the Law on the Regulation of Nursing

Professions Syndicate

2013

National Community for Human Rights and Law

Page 2: Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of course the Nursing Professions Syndicate. Is there a syndicate for Nursing Professions?

It is a legal entity organizing members of the same profession, with the

aim of giving them the chance to manage their own affairs and pursue

their common interests, such as the Medical Syndicate, the Bar

Association, the Engineers Syndicate, and of course the Nursing

Professions Syndicate.

Page 3: Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of course the Nursing Professions Syndicate. Is there a syndicate for Nursing Professions?

Is there a syndicate for Nursing Professions?

By the way, the Nursing Professions Syndicate is one of most

important syndicates in Egypt. It was founded by Law 155/1976,

published in the Official Gazette on November 9th, 1976. It is the

entity that represents Egyptian male and female nurses, with a

headquarters is in Cairo, and branches across the governorates.

Page 4: Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of course the Nursing Professions Syndicate. Is there a syndicate for Nursing Professions?

What are the objectives of the Nurs ing

Professions Syndicate?

The syndicate had six goals at the time of its foundation:

Advancing the scientific and professional standards of members of the syndicate through trainings and conferences to keep

them up- to- date with the latest developments in the profession; maintaining the dignity and traditions of the profession;

protecting nurses against abuse, which is unfortunately frequent (by the way, the nursing profession dates back to the time of

the Ancient Egyptians and has been one of the most important professions ever since); developing and monitoring compliance

with the rules regulating the practice of the profession and ensuring that members fulfill their duties in serving the country.

Unifying our opinions and giving voice to our viewpoint on national, social, and professional issues, as well as pursuing the

legitimate interests of the members and working towards providing jobs for them.

Uniting and organizing our efforts in the service of the community to achieve national objectives; confronting any difficulties in

application and suggesting suitable solutions for them; and active participation in national work.

Contributing to developing nursing education policy, and enhancing programs and curricula, in order to meet society’s needs;

as well as studying and disseminating the issues that could improve the nursing service; and following up with research and

scientific and practical innovations in the field.

Working with nursing syndicates, associations, authorities, organizations and unions in other countries to advance nursing

standards, as well as exchanging information and expertise.

Providing medical, social, economic, and cultural care for the members and their families, such as providing them with health

care, pensions, and necessary training courses.

Page 5: Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of course the Nursing Professions Syndicate. Is there a syndicate for Nursing Professions?

What are the requirements for me to be a

member of the Syndicate?

It's very simple, there are 5 requirements to be a member:

1. To be of Egyptian nationality, but you should note that the Council of the Syndicate may admit nurses from Arab Countries

who meet the other requirements, provided that their countries would do the same for Egyptian nurses. 2. To be of good

reputation and commendable conduct. 3. To have never been sentenced in a felony or misdemeanor (for a custodial penalty

in a crime involving moral turpitude or breach of trust, unless rehabilitated in either case). In short, not to have a criminal

record. 4. To have attained one of the following academic degrees:

A Bachelor's of Science in Nursing from one of Egypt’s high institutes, or an equivalent degree.

A Diploma from a healthcare institute affiliated with the Ministry of Health (nursing division) or an equivalent degree.

A Nursing and Obstetrics Diploma from schools affiliated with faculties of medicine in universities (old system) or an

equivalent degree.

A three- year nursing diploma or an equivalent degree.

A technical nursing high school diploma or an equivalent degree.

An assistant nurse or assistant obstetrics nurse certificate.

5. To be licensed by the Ministry of Health to practice the profession.

Schools, institutes and other institutions must notify the syndicate of the names, grades and addresses of their graduates,

within 60 days of the announcement of examination results.

Page 6: Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of course the Nursing Professions Syndicate. Is there a syndicate for Nursing Professions?

If I meet the 5 requirements , where do I apply

for membership in the syndicate?

Excellent, if you meet the 5 requirements, you submit your documents and

certificate at Nursing Professions Syndicate to something called the

Registration Committee, which will charge you a fee of 3 pounds. The

committee will review the documents and verify that you meet all conditions

imposed by the syndicate Statute, then accept your application.

In the case of rejection, the Syndicate is obliged to state the reason for the

rejection in writing and provide you with a copy of the rejection decision in

person or by registered mail within a week of the decision's date. Also, the

decision must be issued within two months from the date of submission of

all documents.

Page 7: Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of course the Nursing Professions Syndicate. Is there a syndicate for Nursing Professions?

What do I do if my application is rejected?

You have the right to file an appeal against the rejection of your

application to the Council of the Syndicate within thirty days of being

notified of the rejection. The Council of the Syndicate decides on the

appeal after requesting the attendance of the appellant for a hearing,

via registered mail, and provided that none of the members of the

committee that rejected you will be there. If 60 days pass from the

submission of the appeal with no reply from the Council, it will be

considered rejected.

Page 8: Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of course the Nursing Professions Syndicate. Is there a syndicate for Nursing Professions?

No, you still have the right to appeal the rejection before the

Administrative Court within thirty days of being notified of the decision,

or on the expiry of the mentioned 60 days period.

Page 9: Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of course the Nursing Professions Syndicate. Is there a syndicate for Nursing Professions?

You should know that the law prohibits the practice of the nursing

profession without unless you are already a member of the Syndicate.

However, the Syndicate can give exceptional and specific permits to

foreigners, according to the conditions stated in the very beginning.

What happens if I don’t apply for the Syndicate

membership?

Page 10: Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of course the Nursing Professions Syndicate. Is there a syndicate for Nursing Professions?

The Syndicate consists of the following:

1. The General Assembly

2. The Council of the Syndicate

3. The General Assembly of each Division

4. A Council for each division

5. Local Syndicates, each of which consists of:

- The General Assembly of the Local Syndicate

- The Council of the Local Syndicate

What is the organizational s tructure of the

Syndicate?

Page 11: Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of course the Nursing Professions Syndicate. Is there a syndicate for Nursing Professions?

It consists of all registered members who pay their annual Syndicate

subscriptions.

What does the General Assembly cons is t of?

Page 12: Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of course the Nursing Professions Syndicate. Is there a syndicate for Nursing Professions?

What are the competencies of the General

Assembly...What does it do?

The General Assembly has many functions, and several important competencies, including:

1) Electing the Chairman and other members of the Council of the Syndicate. 2) Discussing and

approving the policy of the Syndicate. 3) Proposing amendments to the Law on the Regulation of the

Nursing Professions Syndicate. 4) Adopting the Statue and Professional Code of Ethics. 5) Approving

the balance sheet of the preceding year after reviewing the auditor's report. 6) Hiring auditors and

determining their remuneration. 7) Approving the Annual Budget of the Syndicate and affiliated Local

Syndicates for the upcoming year. 8) Approving the Annual Report on the Syndicate’s activities.

9) Proposing the rules for granting relief allowances and pensions, subject to status of the Pension and

Relief Fund. 10) Considering all matters of interest to the Syndicate which are referred by the Council

of the Syndicate or which are included in the convocation letter of an extraordinary session of the

General Assembly. 11) Considering the matters referred to it by the Minister of Health. 12) Considering

member suggestions. 13) Other competencies stipulated in the Law on the Regulation of the

Syndicate. Generally, the General Assembly has the final say in the syndicate.

Page 13: Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of course the Nursing Professions Syndicate. Is there a syndicate for Nursing Professions?

When does the General Assembly convene?

The convocation of the General Assembly session is published in two daily

morning newspapers, selected by the Council, fifteen days prior to session

date. The General Assembly convenes in three ways:

1) For its annual session, which takes place during March of every year at

the Syndicate’s headquarters or any other place decided by the Council,

this is a fixed annual session. 2) The Council of the Syndicate can call for

an extraordinary session of the General Assembly if they deem it

necessary. 3) A request to convene the General Assembly may be

submitted by two hundred members to the Council of the Syndicate.

Page 14: Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of course the Nursing Professions Syndicate. Is there a syndicate for Nursing Professions?

Are there conditions for the General Assembly

session to be valid?

For the session to be valid, a quorum of at least 1,000 members must

be present. If the quorum is not met, the meeting is postponed for two

weeks and the second meeting shall be valid if the number of

members present is no less than three hundred members. If not, the

meeting is postponed and the convocation shall be repeated until this

quorum is achieved.

Page 15: Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of course the Nursing Professions Syndicate. Is there a syndicate for Nursing Professions?

What is the compos ition of the Council of the

Syndicate?

The Council of the Syndicate is made up of the Chairman of the Syndicate

and 16 to 30 members who have been registered with the Syndicate prior

to January 1st of the year of the session. The Council of the Syndicate must

include representatives from each Division as stipulated in Article 33; half of

the board must consist of members who have been practicing the

profession for a minimum of 15 years, while the other half must be for less

than that. The meeting must be attended by the Chairmen of the Local

Syndicates. A meeting of the Council of the Syndicate is not valid unless

attended by the majority of elected members.

Page 16: Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of course the Nursing Professions Syndicate. Is there a syndicate for Nursing Professions?

How are the Chairman and members of the

Council of the Syndicate elected?

The Chairman and the members of the Council of the Syndicate are elected by the members

eligible to attend the General Assembly on a date determined by the Council, provided that

elections are held simultaneously at the Syndicate headquarters in Cairo and at the premises

of the Local Syndicates and other major assembly points for members in the governorates,

pursuant to the conditions set forth by the Statute. The Chairman's term is 4 years and can't

be reelected more than once consecutively. The Chairman must be elected from members

who graduated 15 ago or more. The Chairman presides over the Council of the Syndicate, and

is deputized by the oldest Deputy, or in his absence by the other. If both are absent, the

Council will be presided over by the oldest member. The Chairman represents the syndicate in

court and in dealing with administrative entities, as well as in its relations with others; the

Chairman is in charge of executing the decisions of the General Assembly and the Council,

and has the right to delegate some of his competencies to his Deputies.

Page 17: Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of course the Nursing Professions Syndicate. Is there a syndicate for Nursing Professions?

Candidacy applications for vacant syndical positions on all levels are submitted at a date set by the

Council during December of each year, which is announced in two daily newspapers as per the

conditions stipulated in the Statute. Elections are conducted via direct secret ballot at the Syndicate’s

headquarters, the Local Syndicates and at other major assembly points for members in the

governorates, provided that each is assigned an electoral subcommittee and had separate ballot boxes,

all of which pursuant to the conditions and procedures stipulated in the Syndicate's Statute. All

members are required to execute their electoral duty unless they have an excuse accepted by the

Council of the Syndicate or the Local Syndicate, or will be required to pay an additional subscription fee

(1 pound), to the Pension and Relief Fund. The collection and payment of that additional fee are

subject to the same conditions governing the original subscription. A member’s voting ballot is invalid if

he votes for a number of candidates higher or lower than required. In all circumstances where no

special text stipulates otherwise, the seats are awarded to the members who receive the majority of

valid votes, and in the case of a draw, the candidate with more years in the Syndicate wins.

How are syndicate elections conducted?

Page 18: Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of course the Nursing Professions Syndicate. Is there a syndicate for Nursing Professions?

Every year, the Council elects two deputies from its members, one of

which must be a graduate of the High Institute for Nursing, a secretary,

a treasurer, an assistant treasurer, and an assistant treasurer; who

constitute, along with the Chairman, the Bureau of the Council of the

Syndicate.

What comes after the elections and the

formation of the Council of the Syndicate?

Page 19: Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of course the Nursing Professions Syndicate. Is there a syndicate for Nursing Professions?

The Council serves a 4- year term. Midterm elections for half the

Council are held every 2 years, and at the end of the first two- year

term the membership of half the Council, selected by the drawing of

lots, expires, after which mid- term elections are held in turn and

sequence every 2 years. A member continues in office until her

successor is elected even after expiry of his two years term, and can't

be reelected more than twice in a row.

How long is term of membership in the

Council?

Page 20: Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of course the Nursing Professions Syndicate. Is there a syndicate for Nursing Professions?

The Council of the Syndicate convenes, upon the call of the Chairman,

at least once a month, or upon the call of no less than 5 members in a

reasoned letter of convocation.

Does the Council of the Syndicate meet at

specific times or is it left open?

Page 21: Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of course the Nursing Professions Syndicate. Is there a syndicate for Nursing Professions?

Of course it has competencies, and it is precisely elected to take them over, namely:

1) Pursuing the goals of the Syndicate, and developing the means to undertake and monitor the implementation of

these goals. 2) Drafting the Syndicate Statute and the regulations for practicing the profession, and amending them as

necessary, provided that each amendment is promulgated by the Minister of Health after the approval of the General

Assembly, and monitor compliance with them. 3) Call for the convocation of the General Assembly and execute its

decisions. 4) Select the syndicate representatives in councils, entities, committees and conferences across the country

and internationally. 5) Managing and investing the Syndicate’s funds; receive grants, donations, subsidies and other

funds, and overseeing the accounts of the Syndicate, as well as collecting registration fees and subscriptions. 6)

Drafting the Syndicate’s annual financials. 7) Considering complaints regarding the conduct of members. 8) Organize

the Syndicate's registries and supervise registration. 9) Give voice to the opinion of the members on social and national

issues. 10) Considering member suggestions. 11) An amicable settlement of any dispute that may arise between

members, or between members and their employers with respect to the profession. 12) Settle grievances filed by

stakeholders against the decisions of the Pension and Relief Fund. 13) Hire the Syndicate's employees and decide their

remuneration, as well as discipline and dismiss them. 14) Communicate with government entities, public institutions and

bodies, and the various entities and individuals regarding any matter that pertains to the affairs of the Syndicate or the

implantation of the Law. 15) Other competencies stated in the Law.

Does the Council of the Syndicate have

competencies similar to the General Assembly?

Page 22: Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of course the Nursing Professions Syndicate. Is there a syndicate for Nursing Professions?

The syndicate has financial resources that fund these services, which are: 1)

Members registration fees. 2) Annual members subscriptions (15 pounds). 3)

Government subsidies. 4) The bequests, grants and donations accepted by the

Council of the Syndicate. 5) Proceeds from nursing duty stamps (2.5 pilasters)

which must be attached to all graduation certificates and their copies, licenses

granted by the Ministry of Health, and applications submitted to nursing schools

and institutes. 6) Proceeds from publications and bulletins issued by the

Syndicate. 7) Returns on investment of syndical funds. 8) All other legitimate

resources. Also, the fiscal year of the Syndicate begins in January and ends in

December of each year.

Where does the money for all the Syndicate's activities ,

services, pensions, health insurance, etc., come from?

Page 23: Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of course the Nursing Professions Syndicate. Is there a syndicate for Nursing Professions?

Currently, the pension stands at 50 pounds a month. There is a

specific fund for pensions, as well as temporary and regular relief. It

has six main sources: 1) 70% from the revenue of registration fees

and subscriptions. 2) Annual government contributions to support the

fund. 3) Grants, donations and bequests favor the fund as well as

other resources. 4) Interest on the balance of the fund. 5) Revenue

from the syndical publications. 6) A portion of the proceeds from duty

stamps, to be determined by the General Assembly.

Concerning the syndical pens ion, why is it so

small?

Page 24: Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of course the Nursing Professions Syndicate. Is there a syndicate for Nursing Professions?

What can we do to increase the pens ion?

Many things. As a General Assembly, we can call for a General

Assembly session and request the increase of the fund’s resources

and monitoring of the budget.

Page 25: Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of course the Nursing Professions Syndicate. Is there a syndicate for Nursing Professions?

There are several divisions:

1) Division of graduates of high nursing institutes and holders of equivalent degrees.

2) Division of graduates of technical health institutes and holders of equivalent degrees.

3) Division of graduates of nursing and obstetrics schools affiliated with faculties of

medicine in universities and hospitals affiliated with the Ministry of Health (old system);

graduates of 3- year nursing schools; graduates of nursing technical high schools. 4)

Division of graduates of assistant- nurse schools (eighteen months certificate in

nursing), assistant- obstetrics nurses (eighteen months certificate in obstetrics). The

General Assembly may, upon proposal from the Council, merge two divisions or

establish new ones. The Syndicate Statute determines which division includes which

technical specialty, and the rules governing their representation at the various levels of

syndical organizations. Also, each division has an elected Chairman and Council.

What are the divis ions of the Syndicate?

Page 26: Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of course the Nursing Professions Syndicate. Is there a syndicate for Nursing Professions?

Local Syndicates are part of the Syndicate we discussed earlier, but

located across the country’s governorates, not Cairo where the

Syndicate headquarter is. They have the same structure as the

Syndicate; a Council, a Chairman, and their own General Assembly.

What is the difference between the Syndicate

and a Local Syndicate?

Page 27: Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of course the Nursing Professions Syndicate. Is there a syndicate for Nursing Professions?

Of course they do. Local Syndicates have Councils that are elected by

their respective General Assemblies every four years.

Do Local Syndicates have elections and

Councils as well?

Page 28: Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of course the Nursing Professions Syndicate. Is there a syndicate for Nursing Professions?

Of course it can. The only difference is that the quorum required to call

for an extraordinary session is different... only fifty members of a Local

Syndicate are required to call for it.

Can the General Assembly of a Local Syndicate

call for an extraordinary session?

Page 29: Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of course the Nursing Professions Syndicate. Is there a syndicate for Nursing Professions?

They are not different, only slightly less. Specifically, it has competency

in:

1) Electing the Chairman and Council of the Local Syndicate.

2) Reviewing the work of the Local Syndicate and approving its

financials.

3) Consider members suggestions ten days prior to the General

Assembly session date at least.

Do the competencies of the General Assembly of the

Local Syndicate vary from those for the Syndicate?

Page 30: Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of course the Nursing Professions Syndicate. Is there a syndicate for Nursing Professions?

Of course they do, which are:

1) The share of the Local Syndicate's fund from members annual

subscriptions, as well as the registration fees for members in the Local

Syndicate's area. 2) A share of the subscription fees in municipal clubs

affiliated with the Local Syndicate, as decided by its General

Assembly. 3) Grants, donations and bequests received by the Council

of the Local Syndicate. 4) Subsidies determined by the Council of the

Syndicate favor the Local Syndicate. 5) Subsidies granted by the

government to The Local Syndicate. The Local Syndicate is subject to

the provisions of Articles 47 and 48 of the Law.

Do Local Syndicates have their own financial

resources?

Page 31: Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of course the Nursing Professions Syndicate. Is there a syndicate for Nursing Professions?

The Investigations Committee consists of a Chairman, who is one of

the Council of the Syndicate deputies, chosen by the Council, a

member of the Administrative Prosecution Office in whose jurisdiction

the Syndicate is located, chosen by the Administrative Prosecutor, and

the general secretary of the Syndicate or the Local Syndicate.

We heard there is an Investigations Committee,

what does it do?

Page 32: Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of course the Nursing Professions Syndicate. Is there a syndicate for Nursing Professions?

Off course it can, the forms of which are regulated by the law, such as:

Censure

Warning

Fine of no more than 20 pounds

Suspension for no more than one year

Revocation of membership, in which case the member is not allowed to

practice the profession unless reregistered with the Syndicate, having paid

the registration fees allover again.

Does the Investigations Committee have the

authority to impose penalties?

Page 33: Q&A about the Law on the Regulation of Nursing · Association, the Engineers Syndicate, and of course the Nursing Professions Syndicate. Is there a syndicate for Nursing Professions?

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